DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 1-7 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7-24-2026.
Applicant’s election without traverse of group II corresponding to claims 8-14, in the reply filed on 7-24-2026 is acknowledged.
Specification
The disclosure is objected to because of the following informalities:
in paragraph [0040], line number 10 is superimposed over the paragraph number [0040] rendering both the paragraph number and line numbers illegible.
in paragraph [0047], line number 20 is superimposed over the paragraph number rendering both the paragraph number and line numbers illegible.
Paragraph [0051] line 10, line number and paragraph numbers are superimposed rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0055] is superimposed over line 20 rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0058] is superimposed over line 20 rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0066] is superimposed over line 15 rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0055] is superimposed over line 20 rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0055] is superimposed over line 20 rendering both the paragraph number and line numbers illegible.
Similarly, Paragraph [0055] is superimposed over line 20 rendering both the paragraph number and line numbers illegible.
Page 15 line 6, the specification recites “conduction or convention”. “Convention” appears to be a typographical error.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eng (US 20160206001A1).
Regarding Claim 8, Eng discloses a vaporizer system comprising:
a heating element adapted to heat a substance within a chamber, the chamber positioned and located proximate to the heating element; (see [0022], e.g., the heater heats the liquid that is stored in a chamber, the liquid storing chamber is in in the housing the liquid storing chamber is proximate to the heater)
an aeration chamber including at least one outlet, the aeration chamber in fluid communication with the chamber; (the air/vapor mixture is directed from the activated cartridges to the mixing chamber (fluid communication) which is tapped by the hose portions 110 and 112 (outlets), see [0026], and [0027])
at least one vial (cartridges accommodated in receptables 118 are the vials, see [0026] and FIG 2) in fluid communication with the aeration chamber (the cartridges are connected to the mixing chamber [0026], see also FIG 2); and
first vapors from the chamber and second vapors from the at least one vial are mixed in the aeration chamber prior to being provided to the at least one outlet. (e.g., Eng teaches that vapor/aerosol from the selected cartridges is collected in the mixing chamber and mixed with the vapors, after which the vapor from the chamber is tapped by the hose ports 110/112 [0026]. See also FIG 6 which shows cartridge flow arrows entering chambers 620/622, mixing with vapor from all activated cartridges and then exiting at the hose flow ports [0040] and FIG 6.
Regarding Claim 9, Eng discloses the claim limitations as set forth above. Additionally, Eng teaches the heating element and the chamber are retained within a body of a portable unit. (see FIG 1 and FIG 6, e.g., the hookah contains the heating element and chamber, the hookah is portable, an ordinary artisan would appreciate that a hookah is portable).
Regarding Claim 10, Eng discloses the portable unit is adapted to be selectively coupled to a conduit (hose mouthpiece) that is in fluid communication with the aeration chamber (e.g., a hose is connected to the hose port which is connected to the aeration chamber [0022] and [0026]).
Regarding Claim 11, Eng discloses a tabletop unit with a body (see FIG 1, an ordinary artisan would appreciate the hookah can be used on a table as a tabletop unit), and wherein
the aeration chamber and the at least one vial are retained within the body (e.g., body of hookah) retains the aeration chamber and vial cartridges of the tabletop unit (see FIG 2, the aeration chamber and at least one of the cartridges accomodated in 118 are retained within the core 104 of the body of the hookah tabletop unit).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Eng (US 20160206001A1) in view of Duman (DE 102019113704A1) EPO generated English machine translation relied upon.
Regarding Claim 12, Eng discloses the claim limitations as set forth above. Eng already seeks independent flavor selection, e.g., the user can select any combination of cartridge flavors using the flavor select buttons [0022], Eng teaches each vial of the at least one vial further includes an activation and deactivation switch, [0007] that can be activated and deactivated to electrically engage (energize) each cartridge/vial (see [0025]-[0027], see also [0040], however Eng fails to explicitly disclose each vial of the at least one vial further includes a mechanism physically movable between an open position and a closed position, such as a mechanism for controlling the vial/cartridges vapor path.
Duman teaches an aerosol generating device with two or more aromatic chambers that can be switched on and off to the aerosol by mechanical valves such as slides [0022] and teaches a use/open position and a non-use/closed position of its closure/tube mechanism [0027]. Thus, Duman teaches selectively adding or removing individual aroma chambers from an aerosol path with a sliding valve, through which the aerosol is guided to absorb the flavoring substance [0026].
A person of ordinary skill in the art would have been motivated to modify Eng to include Dumans slide/valve closure on each of Eng’s flavor container paths to permit a users physical selection of which flavor sources contribute vapor to Eng’s mixing chamber, consistent with Eng’s stated selectable flavor operation. [0022]
Regarding Claim 13, modified Eng teaches the claim limitations as set forth above. However Eng fails to explicitly disclose when the mechanism is in the open position the second vapors retained within the vial are placed into fluid communication with the aeration chamber.
However, Duman teaches a closure/sliding mechanism movable between an open position in which the openings of the aroma chamber are in fluid communication with he inlet tube and outlet tube, and a closed position in which the openings are not in fluid communication with those tubes [0027]. Duman further teaches that the aroma chamber has inlet side and outlet side openings in fluid communication with the respective inlet and outlet tubes [0024]. Thus, when the mechanism is in the open position, the second vapors retained within the vial are placed into fluid communication with Eng’s aeration chamber.
Regarding Claim 14, Eng discloses the claim limitations as set forth above. Eng already seeks independent flavor selection, e.g., the user can select any combination of cartridge flavors using the flavor select buttons [0022], Eng teaches each vial of the at least one vial further includes an activation and deactivation switch, [0007] that can be activated and deactivated to electrically engage (energize) each cartridge/vial (see [0025]-[0027], see also [0040], However Eng fails to explicitly disclose each vial of the at least one vial includes an aperture that can be placed into an open position, a closed position, and at least one intermediate position between the open position and the closed position.
However, Duman teaches the at least one vial includes an aperture (sliding valve) that can be placed into e.g., an open position, a closed position, and at least one intermediate position between the open position and the closed position (e.g., Duman teaches the slide can be adjusted such that it can be open or closed or adjusted to a partially closed position with the slide to vary the aerosol passing through the chamber [0025]).
Thus Duman teaches using the slide closure to fully or partially close an aroma chamber opening in order to adjust the amount of aerosol passing through the flavor chamber [0025]. A person of ordinary skill in the art would have used that known adjustable flow control on Eng’s flavor-container path to regulate the amount of vapor/flavor contribution admitted from that container/vial to Eng’s mixing chamber, which is consistent with the flavor operation goals of Eng.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./Examiner, Art Unit 1747
/RUSSELL E SPARKS/Primary Examiner, Art Unit 1755
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